1. How can an international employee obtain an EB-1 immigrant visa?

An international employee can obtain an EB-1 immigrant visa by demonstrating that they have extraordinary ability, are an outstanding professor or researcher, or are a multinational executive or manager. To qualify, the employee must show that they have achieved sustained national or international acclaim in their field and that they will continue to work in the US in their field of expertise. The employee must also submit evidence of their qualifications such as academic degrees, awards, publications or evidence of professional achievements in their field.

2. What is the eligibility criteria to obtain an EB-1 immigrant visa?

The eligibility criteria for an EB-1 immigrant visa are:

You must have extraordinary ability in the sciences, arts, education, business, or athletics;
You must be a professor or researcher of international renown;
You must be an executive or manager of an international company; or
You must have achieved sustained national or international acclaim and have a record of extraordinary achievement in the television or motion picture industry.

You must also be able to demonstrate that you will substantially benefit the United States through your knowledge, skills, and/or expertise.

3. How long does the EB-1 immigrant visa process typically take?

The EB-1 immigrant visa process typically takes 4 to 6 months from the time of filing the application.

4. What documents and evidence are required to apply for an EB-1 immigrant visa?

In order to apply for an EB-1 Immigrant Visa, you must provide evidence that you have extraordinary ability, are an outstanding professor or researcher, or are a multinational executive or manager. Evidence of extraordinary ability may include evidence of a major award, such as the Nobel Prize, or proof of sustained national or international acclaim. For outstanding professors and researchers, evidence may include proof of international recognition for their achievements in the academic field, evidence of their activity in the field, and proof of at least three years of teaching or research experience. Multinational executives or managers must provide evidence of their employment in a managerial or executive capacity outside the United States, as well as evidence that they have been employed by the same employer for at least one year within the past three years prior to their application.

5. Does the applicant need to have a job offer from a U.S. employer to apply for an EB-1 immigrant visa?

No, an EB-1 immigrant visa does not require a job offer from a U.S. employer. However, the applicant must demonstrate that they have “extraordinary ability” in their field of expertise.

6. What is the difference between an EB-1 and EB-2 immigrant visa?

The EB-1 is a type of immigrant visa for individuals of extraordinary ability, distinguished academics, and multinational business executives and managers. The EB-2 is a type of immigrant visa for those who are members of professions that require an advanced degree or exceptional ability in the sciences, arts, or business.

7. Are there any other requirements to obtain an EB-1 immigrant visa?

Yes, in addition to meeting the criteria for the EB-1 immigrant visa, applicants must also show that they have the financial resources to support themselves and any dependents during their stay in the United States. Applicants must also demonstrate that they have good moral character, do not have any communicable diseases, and have no criminal record. They may also be required to pass a medical examination.

8. What is the difference between an EB-1 and EB-3 immigrant visa?

An EB-1 visa is for individuals with extraordinary ability in the sciences, arts, education, business, or athletics. It also includes outstanding researchers and professors, as well as multinational managers or executives. An EB-3 visa is for skilled workers, professionals, and other workers. These individuals must have a permanent full-time job offer from a U.S. employer. The EB-3 visa also includes individuals who are coming to the U.S. to perform unskilled labor that does not require special training.

9. Are there any restrictions on the types of occupations eligible for an EB-1 immigrant visa?

Yes, there are restrictions on the types of occupations eligible for an EB-1 immigrant visa. Occupations must be classified as an “extraordinary ability” in the sciences, arts, education, business, or athletics category, or a “outstanding professor or researcher” in a field of exceptional ability. In addition, a multinational manager or executive may also qualify for an EB-1 visa.

10. Is there a fee for applying for an EB-1 immigrant visa?

Yes, the current filing fee for an EB-1 immigrant visa is $345. Additionally, there may be other fees associated with the application process.

11. How long is the validity and duration of an EB-1 immigrant visa?

The EB-1 immigrant visa is valid for six months from the date of issuance, and the duration of the visa is typically 10 years.

12. How many family members can be included in an EB-1 application?

An EB-1 application can include a foreign national, their spouse, and any unmarried children under the age of 21.

13. What happens if my application for an EB-1 immigrant visa is denied?

If your application for an EB-1 immigrant visa is denied, you may file a motion to reopen or a motion to reconsider with the relevant U.S. Citizenship and Immigration Services (USCIS) office who issued the decision. If the motion is denied, you may be able to appeal your case to the Administrative Appeals Office (AAO) of USCIS. Alternatively, you can file a new application with stronger evidence and documentation to support your eligibility for the EB-1 visa.

14. Is there a priority processing option available for an EB-1 immigrant visa?

Yes, the EB-1 immigrant visa has a priority processing option available. The Priority Worker category for the EB-1 immigrant visa is available for those who can demonstrate that they are of extraordinary ability in the sciences, arts, education, business, or athletics, or have an outstanding record of achievement in motion picture or television production.

15. Does an applicant for an EB-1 immigrant visa need to submit to a medical exam?

Yes, all applicants for an EB-1 immigrant visa are required to submit to a medical exam. The exam must be conducted by a doctor approved by the U.S. Department of State.

16. Is there a special category of visas available for “persons of extraordinary ability” under the EB-1 category?

Yes, there is a special category of visas available for “persons of extraordinary ability” under the EB-1 category. This category is reserved for immigrants who have extraordinary abilities in the sciences, arts, education, business, or athletics.

17. Can individuals who hold a green card apply for an EB-4 immigrant visa?

Yes, individuals who hold a green card are eligible to apply for an EB-4 immigrant visa.

18. Can religious workers apply for an EB-4 immigrant visa?

Yes, religious workers are eligible to apply for an EB-4 immigrant visa.

19. Is it possible to transfer to a different employer while on an EB-4 immigrant visa?

Yes, it is possible to transfer to a different employer while on an EB-4 immigrant visa. The visa holder must maintain the same job duties and job title as when they initially applied for the EB-4 visa. It is important to note that the new employer must file a new I-140 petition in order for the transfer to be approved.

20. Is it possible to extend or renew an expired or expiring EB-4 immigrant visa?

No, it is not possible to extend or renew an expired or expiring EB-4 immigrant visa. The visa must be applied for anew, or approved again, in order to be used for travel.